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' liYersity o! the State ol New York Bulletin 

Entered as second-class matter August 2, ipn, at the Past Offl:e at Albany .N. Y., under the 

actof August 24, 1913 

Published fortnightly 

No. 646. i ALBANY, N. Y. September i, 191 7 

Attendance Division fl,---.-, ^ "27 

COMPULSORY EDUCATION 

Article 23 oj the Education Law {L. 1910, cli. 140, as amended 
hy L. 1911, ch. 710; L. 1913, clis. 101, 511, 748 and L. 1917, 
ch. 563.) 

COMPULSORY EDUCATION 

Section G20 Instruction required 

621 Required attendance upon instruction 

622 When a boy is required to attend evening school 

623 Instruction elsewhere than at a public school 

624 Duties of persons in paternal^ relation to children 

625 Penalty for failure to perform paternaP duty 

626 Unlawful employment of children and penalty 
therefor 

627 Employer must display record certificate and even- 
ing, part-time or continuation school certificate 

628 Punishment for unlawful employment of children 

629 Teachers must keep record of attendance 

630 School record certificate 

631 Evening, part-time or continuation school certificate 

632 Attendance ofiicers 

633 Arrest of truants 

634 Interference with attendance officers 

635 Truant schools 

636 Enforcement of law and withholding the State 
moneys by Commissioner of Education 

§ 620 Instruction required. The instruction required under 
this article shall be: 

1 At a public school in which at least the six common school 
branches of reading, spelling, writing, arithmetic, English lan- 
guage and geography are taught in English. 



1 So in original. 
C14r-Agl 7-5000 ( 7-9405 ; 



Monograph 



2 

2 Elsewhere than a public school upon instruction in the same 
subjects taught in English by a competent teacher. 

§ 621 Required attendance upon instruction. 1 Every child 
within the compulsory school ages, in proper physical and mental 
condition to attend school, residing in a city or school district 
having a population of five thousand or more and employing a 
superintendent of schools, shall regularly attend upon instruc- 
tion as follows: 

X Each child between seven and fourteen years of age shall 
attend the entire time during which the school attended is in 
session, which period shall not be less than one hundred and eighty 
days of actual school. 

b Each child between fourteen and sixteen years of age not 
regularly and lawfully engaged in any useful employment or 
service, and to whom an employment certificate has not been duly 
issued under the provisions of the labor law, shall so attend the 
entire time during which the school attended is in session. [Sub- 
division amended hy L. 1917, ch. 563.] 

2 Every such child, residing elsewhere than in a city or school 
district having a population of five thousand or more and employ- 
ing a superintendent of schools, shall attend upon instruction 
during the entire time that the school in the district shall be in 
session, as follows: 

a Each child between eight and fourteen years of age. 

b Each child between fourteen and sixteen years of age not 
regularly and lawfully engaged in any useful employment or 
service. [Subdivision amended by L. 1913, ch. 511.] 

3 The provisions of this section are intended to include all 
blind children, except such as may receive appointments under the 
provisions of article thirty-eight of this chapter. [Amended by^ 
L. 1911, ch. 710.] 

§ 622 When a boy is required to attend evening school, l Every 
boy between fourteen and sixteen years of age, in a city of the 
first class nr a city of the second class in possession of an pmplov- 
ment certificate duly issued under the provisions of the labor law^ 
who has not completed such course of study as is required for 
graduation from the elementary public schools of such city, and 
who does not hold either a certificate of graduation from the 
public elementary school or the preacademic certificate issued by 
the Regents or the certificate of the completion of an elementary 



■ 1 



course issued by the Education Department, shall attend the 
public evening schools of such city, or other evening schools 
offering an equivalent course of instruction, for not less than six 
hours each week, for a period of not less than sixteen weeks, 

2 When the board of education in a city or district shall have 
established part-time and continuation schools or courses of instruc- 
tion for the education of young persons between fourteen and 
sixteen years of age who are regularly employed in such city or 
district, said board of education may require the attendance in 
euch schools or on such courses of instruction of any young per- 
son in such a city or district who is in possession of an employ- 
ment certificate duly issued under the provisions of the labor law, 
who has not completed such courses of study as are required for 
graduation from the elementary public schools of such city or 
district or equivalent courses of study in parochial or other ele- 
mentary schools, who does not hold either a certificate of gradua- 
tion from the public elementary school or a preacademic certifi- 
cate of the completion of the elementary course issued by the 
Education Department, and who is not otherwise receiving 
instruction approved by the board of education as equivalent to 
that provided for in the schools and courses of instruction estab- 
lished under the provisions of this act. The required attendance 
provided for in this paragraph shall be for a total of not less than 
thirty-six weeks per year, at the rate of not less than four and not 
more than eight hours per week, and shall be between the hours 
of eight o'clock in the morning and five o'clock in the afternoon 
of any working day or days. 

3 The children attending such part-time or continuation schools 
as required in paragraph two of this section shall be exempt from 
the attendance on evening schools required in paragraph one of 
this section. [Amended by L. 1913, ch. 748.] 

§ 623 Instruction elsewhere than at a public school. If any 
such child shall so attend upon instruction elsewhere than at a 
public school, such instruction shall be at least substantially 
equivalent to the instruction given children of like age at the 
public school of the city or district in which such child resides; 
and such attendance shall be for at least as many hours each day 
thereof as are required of children of like age at public schools; 
and no greater total amount of holidays or vacations shall be 
deducted from such attendance during the period such attendance 



is required than is allowed iu such, public school to children of 
like age. Occasional absences from such attendance, not amount- 
ing to irregular attendance in the fair meaning of the term, shall 
be allowed upon such excuses only as would be allowed in like 
cases by the general rules and practice of such public school. 

If a child required to attend upon instruction as provided in 
this article does not attend at a public, private or parochial school 
maintained in the city or district in which the parent or guardian 
of said child resides, such parent or guardian shall upon request 
furnish satisfactory proof to the local school authorities of said 
city or district that said child or ward is attending upon lawful 
instruction elsewhere. [Ajnended hy L. 1917, cli. 5G3.] 

§ 624 Duties of persons in parental relation to children. Every 
person in parental relation to a child within the compulsory 
school ages and in proper physical and mental condition to attend 
school, shall cause such child to attend upon instruction, as 
follows : 

1 In cities and school districts having a population of five thou- 
sand or above, every child between seven and sixteen years of age 
as required by section six hundred and twenty-one of this act 
unless an employment certificate shall have been duly issued to 
such child under the provisions of the labor law and he is regu- 
larly employed thereunder. 

2 Elsewhere than in a city or school district having a popula- 
tion of five thousand or above, every child between eight and 
sixteen years of age, unless such child shall have received an 
employment certificate duly issued under the provisions of the 
labor law and is regularly employed thereunder in a factory or 
mercantile establishment, business or telegraph office, restaurant, 
hotel, apartment house or in the distribution or transmission of 
merchandise or messages, or unless such child shall have received 
the school record certificate issued under section six hundred and 
thirty of this act and is regularly employed elsewhere than in the 
factory or mercantile establishment, business or telegraph office, 
restaurant, hotel, apartment house or in the distribution or trans- 
mission of merchandise or messages. 

§ 025 Penalty for failure to perform parental duty. A viola- 
tion of section six hundred and twenty-four shall be a misde- 
meanor, punishable for the first offense by a fine not exceeding 
five dollars, or five days' imprisonment, and for each subsequent 
offense by a fine not exceeding fifty dollars, or by imprisonment 



not exceeding thirty days, or by both such fine and imprisonmeat; 
Courts of special session and police magistrates shall, subject to 
removal as provided in sections fifty-seven and fifty-eight of tke 
Code of Criminal Procedure, have exclusive jurisdiction in the 
first instance to hear, try and determine charges of violations oi 
this section within their respective jurisdictions, 

§ 626 Unlawful employment of children and penalty theref®r. 
It shall be unlawful for any person, firm or corporation : 

1 To employe^ any child under fourteen years of age, in any 
business or service whatever, for any part of the term during 
which the public schools of the district or city in which the ckiM 
resides are in session. 

2 To employ, elsewhere than in a city of the first class or a 
city of the second class, in a factory or mercantile establishmenLtj 
business or telegraph ofiice, restaurant, hotel, apartment house 
or in the distribution or transmission of merchandise or messageSj 
any child between fourteen and sixteen years of age who does n®l 
at the time of such employment present sm employment certiS^- 
cate duly issued under the provisions of the labor law, or to 
employ any such child in any other capacity who does not at tke 
time of such employment present a school record certificate as 
provided in section six hundred and thirty of this chapter. 

3 To employ any child between fourteen and sixteen years of 
age in a city of the first class or a city of the second class who 
does not, at the time of such employment, present an employmeal 
certificate, duly issued under the provisions of the labor law. 

§ 627 Employer must display record certificate and evening, part- 
time or continuation school certificate. The employer of any chiM 
between fourteen and sixteen years of age in a city or district 
shall keep and shall display in the place where such child is 
employed, the employment certificate and also his evening, part- 
time or continuation school certificate issued by the school author- 
ities of said city or district or by an authorized representative of 
such school authorities, certifying that the said child is regularly 
in attendance at an evening, part-time or continuation school of 
said city as provided in section six hundred and thirty-one of this 
chapter. [Amended hy L. 1913, ch. 748.] 

§ 628 Punishment for unlawful employment of children. Any 
person, firm, or corporation, or any officer, manager, superintend- 
ent or employee acting therefor, who shall employ any child con- 



^ So in original. 



G . 

trary to the provisions of sections six hundred and twenty-six 
and six hundred and twenty-seven hereof, shall be guilty of a mis- 
demeanor and the punishment therefor shall be for the first offense 
a fine of not less than twenty dollars nor more than fifty dollars ; 
for a second and each subsequent offense, a fine of not less than 
fifty dollars nor more than two hundred dollars. [Amended by 
L. 1913, ch. 748.] 

§ 629 Teachers must keep record of attendance. An accurate 
record of the attendance of all children between seven and six- 
teen years of age shall be kept by the teacher of every school, 
showing each day by the year, month, day of the month and day 
of the week, such attendance, and the number of hours in each 
day thereof; and each teacher upon whose instruction any such 
child shall attend elsewhere than at school, shall keep a like record 
of such attendance. Such record shall, at all times, be open to the 
attendance officers or other person duly authorized by the school 
authorities of the city or district, who may inspect or copy the 
same; and every such teacher shall fully answer all inquiries 
lawfully made by such authorities, inspectors, or other persons, 
and a wilful neglect or -refusal so to answer any such inquiry 
shall be a misdemeanor. 

§ 630 School record certificate, i A school record certificate 
shall contain a statement certifying that a child has regularly 
attended the public schools, or schools equivalent thereto, or 
parochial schools, for not less than one hundred and thirty days 
during the twelve months next preceding his fourteenth birthday 
or during the twelve months next preceding his application for 
such school record, and has completed the work in reading, writ- 
ing, spelling, arithmetic, English language and geography, in 
English, prescribed for the first six years of the public elementary 
school or parochial school or school of equal rank maintaining an 
equivalent course of study in which the branches specified in 
subdivision one of section six himdred and twenty of this chapter 
are taught in English. Such record shall also give the date of 
birth and residence of the child, as shown on the school records, 
and the name of the child's parents, guardian or custodian. 
Such school record certificate shall be in the form prescribed or 
approved by the Commissioner of Education. 

No school record certificate shall be issued to any child under 
fifteen years of age for the purpose of obtaining an employment 
certificate, unless such child at the age of fourteen is a graduate 



of a public elementary school or parochial school or a school of 
equal rank maintaining an equivalent course of study in which 
the branches specified in subdivision one of section six hundred 
and twenty of this chapter are taught in English ; or holds a pre- 
academic certificate issued by the Regents, or a certificate of the 
completion of an elementary course issued by the State Educa- 
tion Department. [Amended hy L. 1913, ch. 101, and L. 1917, 
ch. 563.] 

2 A teacher or superintendent to whom application shall be 
made for a school record certificate required under the provisions 
of the labor law shall issue a school record certificate to any 
child who, after due investigation and examination, may be 
found to be entitled to the same as follows : 

a In a city of the first class by the principal or chief executive 
of a school. 

h In all other cities and in school districts having a population 
of five thousand or more and employing a superintendent of 
schools, by the superintendent of schools only. 

c In all other school districts by the principal teacher of the 
school. 

d In each city or school district such certificate shall be fur- 
nished on demand to a child entitled thereto or to the board or 
commissioner of health. 

§ 631 Evening, part-time or continuation school certificate. The 
school authorities in a city or district, or officers designated by 
them, are hereby required to issue to each child lawfully in attend- 
ance at an evening, part-time or continuation school, an eve- 
ning, part-time or continuation school certificate at least once in 
each month during the months said evening, part-time or con- 
tinuation school is in session and at the close of the term of said 
evening, part-time or continuation school, provided that said 
child has been in attendance upon said evening school, for not 
less than six hours each week or upon said part-time or con- 
tinuation school for not less than four hours each week, for such 
number of weeks as will, when taken in connection with the 
number of weeks such evening, part-time or continuation school 
respectively, shall be in session during the remainder of the cur- 
rent or calendar year, make up a total attendance on the part of 
said child in said evening school, of not less than six hours per 
week for a period of not less than sixteen weeks or in said part- 
time or continuation school, of not less than four hours per week 



8 ■ 

for a period of not less than thirty-six weeks. Such certificate 
shall state fully the period of time which the child to whom it is 
issued was in attendance upon such evening, part-time or con- 
tinuation school. [Amended by L. 1913, ch. 748.] 

§ G32 Attendance officers. 1 The common authorities of each 
city, union free school district, or common school district whose 
limits include in whole or in part an incorporated village, shall 
appoint and may remove at pleasure one or more attendance 
officers of such city or district, and shall fix their compensation 
and -may prescribe their duties not inconsistent with this article 
and makes rules and regulations for the performance thereof ; and 
the superintendent of schools shall supervise the enforcement of 
this article within such city or school district. 

2 The town board of each town shall appoint, subject to the 
written approval of the school commissioner of the district, one 
or more attendance officers, whose jurisdiction shall extend over 
all school districts in said to^vny and which are not by this section 
otherwise provided for, and shall fix their compensation, which 
shall be a town charge ; and such attendance officers, appointed by 
said board, shall be removable at the pleasure of the school com- 
missioner in whose commissioner district such town is situated. 

Note. — Under the provisions of the township law (Laws of 1917, ch. 328), the town board of 
education of each town and town school unit is authorized and empowered to appoint an attend- 
ance officer or officers for the territory subject to the jurisdiction of the board, and to fix the 
compensation of such officer.^, which is payable by the board making the appointment. Suob 
provisions supersede subdivision 2 of this section. 

§ G33 Arrest of truants. 1 The attendance officer may arrest 
without a warrant any child between seven and sixteen years of 
age who is a truant from instruction upon which he is lawfully 
required to attend within the city or district of such attendance 
officer. He shall forthwith deliver the child so arrested to a 
teacher from whom such child is then a truant, or, in case of 
habitual and incorrigible truants, shall bring them before a police 
magistrate for commitment to a truant school as provided in sec- 
tion six hundred and thirty-five. 

2 The attendance officer shall promptly report such arrest and 
the disposition which he makes of such child, to the school author- 
ities of the said city or district where such child is lawfully 
required to attend upon instruction. 

3 A truant officer in the performance of his duties may enter, 
during business hours, any factory, mercantile or other establish- 
ment within the city or school district in which he is appointed 



9 

and shall be entitled to examine employment certificates or reg- 
istry of children employed therein on demand. 

§ 634 Interference with attendance oflicer. Any person inter- 
fering with an attendance officer in the lawful discharge of his 
duties and any person owning or operating a factory, mercantile 
or other establishment who shall refuse on demand to exhibit to 
such attendance ofiicer the registry of the children employed or 
the employment certificate of such children shall be guilty of a 
misdemeanor. 

§ 635 Truant schools, i The school authorities of any city or 
school district may establish schools, or set apart separate rooms 
in public school buildings, for children between seven and six- 
teen years of age, who are habitual truants from instruction upon 
which they are lawfully required to attend, or who are insubordi- 
nate or disorderly during their attendance upon such instruction, 
or irregular in such- attendance, iSuch school or room shall be 
known as a truant school; but no person convicted of crimes or 
misdemeanors other than truancy, shall be committed thereto. 

2 School authorities may provide for the confinement, main- 
tenance and instruction of any child who is an habitual truant 
from instruction upon which he is lawfully required to attend, or 
is insubordinate or disorderly during attendance upon such 
instruction, or is irregular in such attendance in such schools; 
and they or the superintendent of schools in any city or school 
district, may, after reasonable notice to such child and the per- 
sons in parental relation to such child, and an opportunity for 
them to be heard, and with the consent in writing of the per- 
sons in parental relation to such child, order such child to 
attend such school, or to be confined and maintained* therein, 
under such rules and regulations as such authorities may pre- 
scribe, for a period not exceeding two years; but in no case shall 
a child be so confined after he is sixteen years of age. [Subdivi- 
sion amended hy L. 1917. ch. 563.] 

3 Such authorities may order such a child to be confined and 
maintained during such period in any private school, orphans' 
home or similar institution controlled by persons of the same 
religious faith as the persons in parental relation to such child> 
and which is willing and able to receive, confine and maintain 
such child, upon such terms as to compensation as may be agreed 
upon between such authorities and such private school, orphans' 
home or similar institution. 



10 

4: If the person in parental relation to such child shall not 
consent to either of such orders said persons shall be proceeded 
against in court under section six hundred and twenty-five of this 
chapter by the school authorities or such officer as they may desig- 
nate. In case the person in parental relation to such child estab- 
lishes to the satisfaction of the court that such child is beyond 
his control such child shall be proceeded against as a disorderly 
person, and upon conviction thereof, if the child was lawfully 
required to attend a public school, the child shall be sentenced 
to be confined and maintained in such truant school for a period 
not exceeding two years; or if such child was lawfully required 
to attend upon instruction otherwise than at a public school, the 
child may be sentenced to be confined and maintained for a period 
not exceeding two years in such private school, orphans' home or 
other similar institutions, if there be one, controlled by persons 
of the same religious faith as the persons in parental relation to 
such child, which is willing and able to receive, confine and main- 
tain such child for a reasonable compensation. Such confinement 
shall be conducted with a view to the improvement and to the 
restoration, as soon as practicable, of such child to the institution 
elsewhere, upon which he may be lawfully required to attend. 

4-a An habitual truant and a child who, being subject to the 
provisions of this article, has been lawfully suspended or expelled 
fropi school, and is not receiving equivalent instruction elsewhere, 
as provided by section six hundred and twenty-three of this chap- 
ter, are hereby declared to be ungovernable children. Any such 
child may be apprehended by a truant officer of the school district 
or city where the child resides, or by any peace officer, and 
brought .before a police magistrate having jurisdiction. Xotice 
shall thereupon be given to the child's parent, guardian, or other 
person standing in parental relation to the child, and upon the 
submission of satisfactory proof that the child is an habitual 
truant or that, being subject to this article, he has been lawfully 
suspended or expelled from school and is not receiving instruction 
elsewhere, the magistrate may commit such child to a truant school 
maintained by such district or city, or, if no such truant school 
is maintained, to a private school, orphans' home or other similar 
institution if there be one, controlled by persons of the same 
religious faith as the persons in parental relation to such child, 
which is willing and able to receive, confine and maintain such 
child for a reasonable compensation. [Subdivision added hy L. 
1917, ch. 563.'] 



11 

5 The authorities committing any such child, and in cities and 
districts having a superintendent of schools such superintendent 
shall have authority, in his discretion, to parole at any time any 
truant so committed by them. 

6 Every child lawfully suspended from attendance upon 
instruction for more than one week, shall be required to attend 
such truant school during the period of such suspension. 

7 The school authorities of any city or school district, not 
having a truant school, may contract with any other city or dis- 
trict having a truant school, for the confinement, maintenance and 
instruction therein of children whom such school authorities 
might require to attend a truant school, if there were one in their 
own city or district. 

8 Industrial training shall be furnished in every such truant 
school. 

9 The expense attending the commitment and cost of mainte- 
nance of any truant residing in any city, or district, employing 
a superintendent of schools shall be a charge against such city, 
or district, and in all other cases shall be a county charge. 

§ 636 Enforcement of law and withholding the State moneys by 
Commissioner of Education. 1 The Commissioner of Education 
shall supervise the enforcement of this law and he may withhold 
one half of all public school moneys from any city or district, 
which, in his judgment, wilfully omits and refuses to enforce the 
provisions of this article, after due notice, so often and so long as 
such wilful omission and refusal shall, in his judgment, continue. 

2" If the provisions of this article are complied with at any 
time within one year from the date on which said moneys were 
withheld, the moneys so withheld shall be paid over by said 
Commissioner of Education to such district or city, otherwise 
forfeited to the State. 

Note. Schools are to be in session for at least 180 days beginning 
on the first Tuesday of September. It is provided by section 492 
of the Education Law, as amended by Laws of 1913, chapter 511, 
that all schools shall be in session for 180 days, to entitle districts 
to full apportionments of public moneys, and that " in common 
school districts the term of school shall begin each year on the 
first Tuesday of September." 



LIBRftRY OF CONGRESS 



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